Dell SonicWall SRA 4200 Administrator's Manual page 434

AGGREGATE AMOUNT RECIEVED BY SONICWALL IN RESPECT OF THE PRODUCTS
AND/OR SERVICES PURCHASED BY CUSTOMER AFFECTED BY THE MATTER GIVING
RISE TO THE CLAIM. (FOR MAINTENANCE SERVICES OR A PRODUCT SUBJECT TO
RECURRING FEES, THE LIABILITY SHALL NOT EXCEED THE AMOUNT RECEIVED BY
SONICWALL FOR SUCH MAINTENANCE SERVICE OR PRODUCT PURCHASED BY
CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM). CUSTOMER
EXPRESSLY AGREES TO THE ALLOCATION OF LIABILITY SET FORTH IN THIS SECTION,
AND ACKNOWLEDGES THAT WITHOUT ITS AGREEMENT TO THESE LIMITATIONS, THE
PRICES CHARGED FOR THE PRODUCTS AND SERVICES WOULD BE HIGHER.
7. GOVERNMENT RESTRICTIONS
Customer agrees that it will not export or re-export the Products without SonicWALL's prior
written consent, and then only in compliance with all requirements of applicable law, including
but not limited to U.S. export control regulations. Customer has the responsibility to obtain any
required licenses to export, reexport or import the Products. Customer shall defend, indemnify
and hold SonicWALL and its suppliers harmless from any claims arising out of Customer's
violation of any export control laws relating to any exporting of the Products. By accepting this
Agreement and receiving the Products, Customer confirms that it and its employees and agents
who may access the Products are not listed on any governmental export exclusion lists and will
not export or re-export the Products to any country embargoed by the U.S. or to any specially
denied national (SDN) or denied entity identified by the U.S. Applicable export restrictions and
exclusions are available at the official web site of the U.S. Department of Commerce Bureau of
Industry and Security (www.bis.doc.gov). For purchase by U.S. governmental entities, the
technical data and computer software in the Products are commercial technical data and
commercial computer software as subject to FAR Sections 12.211, 12.212, 27.405-3 and
DFARS Section 227.7202. The rights to use the Products and the underlying commercial
technical date and computer software is limited to those rights customarily provided to the
public purchasers as set forth in this Agreement. The Software and accompanying
Documentation are deemed to be "commercial computer software" and "commercial computer
software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section
12.212, as applicable. Any use, modification, reproduction, release, performance, display or
disclosure of the Software and accompanying Documentation by the United States Government
shall be governed solely by the terms of this Agreement and shall be prohibited except to the
extent expressly permitted by the terms of this Agreement.
8. GENERAL
a) Governing Law and Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, without giving effect to any conflict of laws
principles that would require the application of laws of a different state. The parties agree that
neither the United Nations Convention on Contracts for the International Sale of Goods, nor the
Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement,
regardless of the states in which the parties do business or are incorporated. Any action
seeking enforcement of this Agreement or any provision hereof shall be brought exclusively in
the state or federal courts located in the County of Santa Clara, State of California, United
States of America. Each party hereby agrees to submit to the jurisdiction of such courts.
Notwithstanding the foregoing, SonicWALL is entitled to seek immediate injunctive relief in any
jurisdiction in the event of any alleged breach of Section 1 and/or to otherwise protect its
intellectual property.
b) Assignment. Except as otherwise set forth herein, Customer shall not, in whole or part,
assign or transfer any part of this Agreement or any rights hereunder without the prior written
consent of SonicWALL. Any attempted transfer or assignment by Customer that is not permitted
by this Agreement shall be null and void. Any transfer/assignment of a License that is permitted
434 | SRA 6.0 Administrator's Guide